(AP) — The Fremont City Council has scheduled a special election so residents can decide on whether to remove the city’s ban on renting housing to people who aren’t in the U.S. legally.

The council voted 7-1 on Tuesday night to hold the special election on Feb. 11.

A city ordinance bans hiring or renting to people who can’t prove they are legally in the country. The housing portion of the law has been put on hold pending legal challenges. A federal appeals court backed the ordinance in June, but ordinance opponents could appeal.

The council has been considering repealing the housing portion of the ordinance, but on Tuesday night members opted to leave the decision to voters. The ordinance received 57 percent approval in a 2010 election.